The U.S. Department of Justice attorney representing President Donald Trump and federal cabinet members filed a notice of appeal on Monday in the ongoing legal dispute with Democratic attorneys general over a federal funding freeze.
The Trump administration is once again seeking help from an appellate court to challenge the legal battle with Democratic attorneys general, including Rhode Island’s Peter Neronha, over the halted federal funds.
Daniel Schwei, the Department of Justice attorney representing Trump and federal officials, filed the notice of appeal on Monday.
This marks the administration’s latest effort to challenge a court order requiring the continued distribution of federal grants and aid.
Chief Judge John McConnell Jr. of the U.S. District Court for Rhode Island initially ordered federal agencies on January 31 to release the frozen funds.
This order came after a series of White House directives aimed at pausing federal reimbursements already allocated to state governments, research institutions, academic organizations, and nonprofits.
On March 6, McConnell reinforced the order with a second ruling, blocking federal cabinet members named in the lawsuit from enforcing any past or future executive orders to freeze these congressionally approved funds until the case is resolved.
The three-page notice of appeal, filed with the 1st Circuit Court of Appeals in Boston, did not provide any justification for the appeal. As of Tuesday morning, the full appeal had not yet been submitted.
In his 45-page ruling, McConnell criticized the executive branch for “placing itself above Congress” and violating constitutional principles related to the separation of powers and federal spending.
During a hearing last month in Providence, Schwei argued that the court order requested by the attorney general was too broad and vague.
He also claimed that most of the federal funding affected by the freeze had already been reinstated. However, court filings from the attorneys general suggest that key funding for disaster relief, social services, infrastructure, and energy programs remains blocked.
In Rhode Island, this includes $125 million for energy efficiency and renewable energy rebate programs, which the Rhode Island Office of Energy Resources was still unable to access as of mid-February.
Robert Beadle, a spokesperson for the agency, did not respond to questions about the funding status on Tuesday.
Additionally, two grants authorized by Congress in 2024 to help fund the replacement of the westbound Washington Bridge are still in limbo.
The $220 million in funding remains uncertain despite efforts by Governor Dan McKee and the state’s congressional delegation to secure it.
The Boston appellate court had already denied an earlier attempt by the Trump administration to challenge McConnell’s temporary restraining order filed last month.
Tim Rondeau, a spokesperson for Neronha’s office, declined to comment on the appeal.
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